Family Law Act. Australia

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      (2) The object mentioned in paragraph (1)(b) also lies behind the general requirement in section 60I for family dispute resolution services to be used before applications for orders under Part VII are made.

      Division 2 — Help with reconciliation

      13B Court to accommodate possible reconciliations (1) A court exercising jurisdiction in: (a) proceedings for a divorce order; or (b) financial or part VII proceedings instituted by a party to a subsisting marriage; must consider, from time to time, the possibility of a reconciliation between the parties to the marriage.

      (2) If, during the proceedings, the court considers, from the evidence in the proceedings or the attitude of the parties to the marriage, that there is a reasonable possibility of a reconciliation between the parties, the court may adjourn the proceedings to give the parties the opportunity to consider a reconciliation.

      (3) If the court adjourns the proceedings under subsection (2), the court must advise the parties to attend family counselling, or use the services of another appropriate person or organisation.

      Note: Before advising the parties, the court must consider seeking the advice of a family consultant about the services appropriate to the parties’ needs (see section 11E).

      (4) If, after an adjournment under subsection (2), either of the parties requests that the proceedings resume, the court must resume the proceedings as soon as practicable.

      Division 3 — Referrals to family counselling, family dispute resolution and other family services

      13C Court may refer parties to family counselling, family dispute resolution and other family services (1) A court exercising jurisdiction in proceedings under this Act may, at any stage in the proceedings, make one or more of the following orders: (a) that one or more of the parties to the proceedings attend family counselling; (b) that the parties to the proceedings attend family dispute resolution; (c) that one or more of the parties to the proceedings participate in an appropriate course, program or other service.

      Note 1: Before making an order under this section, the court must consider seeking the advice of a family consultant about the services appropriate to the parties’ needs (see section 11E).

      Note 2: The court can also order parties to attend, or arrange for a child to attend, appointments with a family consultant (see section 11F).

      (2) The court may suggest a particular purpose for the attendance or participation.

      (3) The order may require the party or parties to encourage the participation of specified other persons who are likely to be affected by the proceedings.

      Note: For example, the participation of children, grandparents or other relatives may be encouraged.

      (4) The court may make any other orders it considers reasonably necessary or appropriate in relation to the order.

      (5) The court may make orders under this section: (a) on its own initiative; or (b) on the application of: (i) a party to the proceedings; or (ii) a lawyer independently representing a child’s interests under an order made under section 68L.

      13D Consequences of failure to comply with order under section 13C (1) If a party fails to comply with an order of a court under section 13C, the family counsellor, family dispute resolution practitioner or provider of the course, program or other service must report the failure to the court.

      (2) On receiving the report, the court may make any further orders it considers appropriate.

      (3) The court may make orders under subsection (2): (a) on its own initiative; or (b) on the application of: (i) a party to the proceedings; or (ii) a lawyer independently representing a child’s interests under an order made under section 68L.

      Division 4 — Court’s role in relation to arbitration of disputes

      13E Court may refer Part VIII proceedings or Part VIIIAB proceedings to arbitration (1) With the consent of all of the parties to the proceedings, a court exercising jurisdiction in: (a) Part VIII proceedings; or (b) Part VIIIAB proceedings (other than proceedings relating to a Part VIIIAB financial agreement); may make an order referring the proceedings, or any part of them, or any matter arising in them, to an arbitrator for arbitration.

      (2) If the court makes an order under subsection (1), it may, if necessary, adjourn the proceedings and may make any additional orders as it thinks appropriate to facilitate the effective conduct of the arbitration.

      13F Court may make orders to facilitate arbitration of certain disputes A court that has jurisdiction under this Act may, on application by a party to relevant property or financial arbitration, make orders the court thinks appropriate to facilitate the effective conduct of the arbitration.

      13G Family Court and Federal Circuit Court may determine questions of law referred by arbitrator (1) An arbitrator of section 13E arbitration or relevant property or financial arbitration may, at any time before making an award in the arbitration, refer a question of law arising in relation to the arbitration for determination by: (a) a single judge of the Family Court; or (b) a single judge of the Family Court of a State; or (c) the Federal Circuit Court of Australia.

      (2) The arbitrator may do so: (a) on his or her own initiative; or (b) at the request of one or more of the parties to the arbitration if the arbitrator considers it appropriate to do so.

      (3) The arbitrator must not make an award in the arbitration before the judge or Federal Circuit Court of Australia has either: (a) determined the question of law; or (b) remitted the matter to the arbitrator having found that no question of law arises.

      13H Awards made in arbitration may be registered in court (1) A party to an award made in section 13E arbitration or in relevant property or financial arbitration may register the award: (a) in the case of section 13E arbitration — in the court that ordered the arbitration; or (b) otherwise — in a court that has jurisdiction under this Act.

      (2) An award registered under subsection (1) has effect as if it were a decree made by that court.

      13J Family Court or Federal Circuit Court can review registered awards (1) A party to a registered award made in section 13E arbitration or relevant property or financial arbitration may apply for review of the award, on questions of law, by: (a) a single judge of the Family Court; or (b) a single judge of the Family Court of a State; or (c) the Federal Circuit Court of Australia.

      Note: There may be Rules of Court providing for when, and how, an application for review of the award can be made (see paragraph 123(1)(sf)).

      (2) On a review of an award under this section, the judge or Federal Circuit Court of Australia may: (a) determine all questions of law arising in relation to the arbitration; and (b) make such decrees as the judge or Federal Circuit Court of Australia thinks appropriate, including a decree affirming, reversing or varying the award.

      13K Family Court and Federal Circuit Court may set aside registered awards (1) If an award made in section 13E arbitration or relevant property or financial arbitration, or an agreement made as a result of such arbitration, is registered in: (a) the Family Court; or (b) the Federal Circuit Court of Australia; or (c) a Family Court of a State; the court in which the award is registered may make СКАЧАТЬ